Right to sue the mother’s attorney for malpractice

Clients are four of five children of a woman who died in 2003. The fifth child—the clients’ sister—was the only one of the children living with their mother as an adult. Approximately three weeks before the mother’s death, the sister caused the mother to sign over to her a deed for the house. During discovery it was revealed that the sister was present when the mother signed the deed; that she reviewed all draft documents that were sent by the attorney who prepared the deed; and that she paid the attorney’s bill. The mother signed a will at the same time and discovery revealed that the attorney had two of his paralegals signed their attestation to the mother’s signature though they admitted they had not been present when the will was signed. Alan arranged for the four children to take an assignment from the administrator of the mother’s estate of the right to sue the mother’s attorney for malpractice. In the lawsuit the children claimed that the attorney facilitated the transaction with the deed for the purpose of benefiting the clients’ sister and not his actual client, the mother.

Result: Case settled for $220,000.


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